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Department of Managment Services, Division of etc. v. Emily Ferron, 17-4434 (2018)

Court: District Court of Appeal of Florida Number: 17-4434 Visitors: 8
Filed: Feb. 08, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4434 _ DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE, Petitioner, v. EMILY FERRON, Respondent. _ Petition for Writ of Prohibition – Original Jurisdiction. February 9, 2018 PER CURIAM. Petitioner Division of State Group Insurance seeks a writ of prohibition, arguing that the circuit court lacks jurisdiction over Respondent’s suit alleging wrongful denial of insurance claims. Because the circuit court has indicated i
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D17-4434 _____________________________ DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE, Petitioner, v. EMILY FERRON, Respondent. _____________________________ Petition for Writ of Prohibition – Original Jurisdiction. February 9, 2018 PER CURIAM. Petitioner Division of State Group Insurance seeks a writ of prohibition, arguing that the circuit court lacks jurisdiction over Respondent’s suit alleging wrongful denial of insurance claims. Because the circuit court has indicated it has left open the issue of whether Respondent has exhausted her administrative remedies and intends to rule on the issue later in the lower tribunal proceedings, Petitioner is not entitled to prohibition. The petition is therefore denied. ROBERTS, ROWE, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Anita J. Patel, Timothy L. Newhall, and J. Andrew Atkinson, Department of Management Services, Tallahassee, for Petitioner. Richard M. Benrubi of the Law Office of Richard M. Benrubi, P.A., West Palm Beach, for Respondent. 2
Source:  CourtListener

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